Johnson v. Keener

The question presented by this appeal is whether a 1971 conveyance to the parties created an indestructible remainder in the survivor, thus rendering void the plaintiff-appellee's 1977 conveyance of the same property. We conclude that the earlier conveyance is governed by Bernhard v. Bernhard,278 Ala. 240, 177 So.2d 565 (1965), which requires that the defendant-appellant's interest be held indestructible.

The plaintiff-appellee, Jewell Keener ("aunt"), owned two plots of land, one in Chilton County and one in the city of Bessemer. She conveyed these parcels (in 1969 and 1971, respectively) to…